Of the 55 subsequent Supreme Court opinions on Miranda issues, 14 have involved attempts to clarify the meaning of "custody," and in 12 of those 14, the Supreme Court reversed the decisions of state and federal appellate courts, which got it wrong.
Police use of technology to catch criminals makes the U.S. Supreme Court nervous, as was evident in the recent Jones decision. In the absence of a recognized basis for a warrantless search, Jones does mean that a warrant must be obtained for installation andmonitoring of a GPS tracker on a suspect's vehicle.
In November, the U.S. Supreme Court issued its 54th decision on a Miranda issue, in a case called Bobby v. Dixon. This is the third decision on the issue of the admissibility of a suspect's statements obtained after a belated warning and waiver.
Although some searches and seizures may only be justifiable under a single approach, many can be justified several different ways. The U.S. Supreme Court has long held that when this is the case, any independent source of contested evidence will suffice, even when another does not.
The decade of the 1960s gave us four of the most significant cases that apply to our daily work: Mapp, Brady, Miranda, and Terry. These four are among the most prominent criminal law cases you should know more about to understand how we got to where we are.
Our legal system is terribly stacked against law enforcement officers and for plaintiff's attorneys. The U.S. code itself specifies how attorney fees will be set in civil rights cases against cops. That's why so many cases are filed against you and the agencies and government entities that employ you. Lawmakers—mostly lawyers themselves—set up paydays for their colleagues.
Some actions you take have been classified by Supreme Court decisions as requiring that you articulate a "reasonable suspicion" in order to make them constitutionally reasonable, while others can be undertaken only if there is "probable cause" ("PC"). But what do these terms mean? And how do you match the right level of justification with the kind of conduct you're seeking to justify?